LAWS(DLH)-2002-10-13

INDERJEET Vs. MUNICIPAL CORPORATION OF DELHI

Decided On October 25, 2002
INDERJIT Appellant
V/S
MUNICIPAL CORPORATION OF DELHI Respondents

JUDGEMENT

(1.) The four writ petitions have been filed by the petitioners seeking regularisation of what they claims to be tehbazari rights. It is stated that petitioners were squatting in Central Market, Lajpat Nagar prior to 1982 when a survey was conducted in December,1982 and about 135 squatters were found to be eligible including the petitioners. Petitioners are stated to have been rehabilitated in a lane between post office and Alankar Cinema in April, 1985 from where they were removed and rehabilitated behind MCD Hospital, Lajpat Nagar. In August, 1986 the petitioners are stated to have been allotted squatting site at IInd Block Pushpa Market, Lajpat Nagar and continued there till May,1996. In December,1996, due to certain bomb blast in the area, petitioners were removed. The petitioners claim to have filed a writ petition in 1999 before the Hon'ble Supreme Court for allowing them to squat at their original site in Pushpa Market/Central Market which writ petitions were disposed of on 5.5.2806 with liberty to approach the appropriate court.

(2.) It is stated in the petition that the respondent filed a list of the eligible squatters in terms of the Chopra Committee recommendations which had been appointed to scrutinise such cases and the petitioners' case was stated to have been rejected.

(3.) Petitioners aggrieved by rejection of their claims for regularly squatting submit that this is not in conformity with the directions of the Supreme Court in the case of Sodan Singh and others Vs.N.D.M.C and others 1989(4) SCC 155. It is also contended that the respondent's decision in refusing to accept tehbazari charges from petitioners since 1994 is in violation of the principles of Article 21 of the Constitution of India.